Tag Archive for: Collectivism

The Man Who Sowed the Seeds of Puerto Rico’s Collapse by Lawrence W. Reed

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Is there anything more tragically monotonous than a failing welfare state? From ancient Rome to modern Greece, the story is one of the most repetitive in history. It goes like this:

People increasingly decide they’d rather vote for a living than work for one. An academic and intellectual class, dependent on subsidies and anxious to command the economy, advises the people that this is a really good thing. Politicians cater to them with high-sounding rhetoric (“We’ll take care of you”) and low-balling promises (“We can afford it. It won’t cost much. We’ll just take it from the rich”).

Responsibility, self-reliance, and enterprise give way to an entitlement mentality. Power concentrates and corruption ensues. Taxes and debt rise. The government debases the money. Crisis leads to more government, which leads to more crisis. What was always bankrupt morally finally goes bankrupt economically. Goodbye economy, liberty, and often even civilization itself. The barbarians take over. What else is new?

Now it’s Puerto Rico’s turn.

The Commonwealth of Puerto Rico is a US territory in the northeastern Caribbean. Its governor, Alejandro García Padilla, startled the world back in June when he announced that the island cannot pay back its $72 billion public debt.

“The debt is not payable,” García Padilla said. “There is no other option. I would love to have an easier option. This is not politics; this is math.”

He called the situation a “death spiral.” Suddenly, millions of Americans were learning what a basket case the Puerto Rican economy has become. It is indeed a crisis but one that was, to an embarrassing extent, made right here in America.

It was foisted on Puerto Ricans by one lousy New Dealer in particular. His name was Rexford Guy Tugwell.

More on the egghead Tugwell in a moment, but let me bring everybody up to date on just how bad things are down there. Be sure to read to the end because there’s a silver lining in this very dark cloud.

Puerto Rico has been in a funk for a good while. Its stubbornly high, double-digit unemployment rate is more than twice that of the United States. In fact, it hasn’t been below 9.7 percent in 40 years.

The island’s debt is higher on a per capita basis than that of any US state and four times that of Detroit, which went bankrupt two years ago. Businesses are collapsing. People are fleeing (200,000 have left since 2005). Almost half of the island’s 3.7 million residents earn incomes under the US federal poverty line. Nearly 40 percent of all households get food stamps. Until recently, the retirement age for government school teachers was as low as 47, prompting underfunded pension fund crisis so endemic to welfare states. (The retirement age has lately been raised to at least 55 for current teachers, and 62 for new teachers.)

As Tyler Durden explains at ZeroHedge.com, policies imposed from Washington must shoulder a big part of the blame for this mess: the wizards on the Potomac encouraged debt and deficit spending, priced hundreds of thousands of Puerto Ricans out of entry-level jobs with a punishing minimum wage, taxed and regulated commerce and investment to a crawl, and showered the island with debilitating welfare. The place would be a showcase of government-induced prosperity except for one sticking point: government.

All of this has been decades in the making, which brings me to the character named Tugwell. I’ve long had a distaste for this pompous meddler. The more I learn about his role as Puerto Rico’s appointed governor (1941–1946), the more I’m ashamed that a US president was dumb enough to put him in charge of anything.

I first heard of Tugwell as an undergraduate economics major at Grove City College in the early 1970s. Fascinated by what my econ prof, Dr. Hans Sennholz, had said in class about America’s 22nd and 24th president, Grover Cleveland, I checked out a biography of him. It carried the imaginative title, GroverCleveland, and included a revealing subtitle, A Biography of the President Whose Uncompromising Honesty and Integrity Failed America in a Time of Crisis.

The author was Rexford Guy Tugwell, widely regarded as the most influential ideologue of economic planning during Roosevelt’s New Deal. The Cleveland terms were largely wasted opportunities, according to Tugwell, because Cleveland would not turn the economy into his personal plaything. If only he had trashed his honesty and integrity, Cleveland could have been the scientist and the rest of us the lab rats.

Tugwell was the Jonathan Gruber of his day. (Recall the smug academic who admitted that deception was employed to fool stupid Americans into supporting Obamacare.) He went straight from academia as a student (the Wharton School at U-Penn, then Columbia) to academia as a professor (University of Washington, American University in Paris, and Columbia University). His intellectual mentors were socialists like Upton Sinclair and Edward Bellamy. Woodrow Wilson’s wartime administration gave him his first real glimpse of the glorious fun of central planning, and he loved it even when it flopped.

In 1932, President-elect Franklin Roosevelt invited Professor Tugwell to join the first White House “brain trust.” These were the whiz kids — the social scientists and experimenters of the administration. Blessed with power and attention, they were ready to “transform” America and “plan” our way out of the Great Depression.

H.L. Mencken was less charitable in his description. He called them “an astonishing rabble of impudent nobodies,” “a gang of half-educated pedagogues, starry-eyed uplifters and other such sorry wizards.” Along with FDR, they “planned” the Depression into the longest slump in American history.

Tugwell loved to set up and run what came to be known as “boondoggles.” He was an architect of the Agricultural Adjustment Act and later director of its Agricultural Adjustment Administration (AAA), which taxed agricultural processors and used the revenue to destroy crops and cattle to raise prices. It was declared unconstitutional by the Supreme Court and ridiculously destructive by clear thinkers.

From its inception in 1935, he directed the Resettlement Administration (RA), which relocated the rural unemployed to new, planned communities in suburbs. Urban authority Jane Jacobs, in her classic The Death and Life of Great American Cities, showed that his program simply displaced people and ruined neighborhoods. The RA was also thrown out as unconstitutional. True to the statist stereotype, Tugwell learned nothing from either experience. “Planning” was his religion and he was going to be its high priest, come hell or high water.

In 1936, Tugwell left Washington and two years later showed up as the first director of the New York City Planning Commission. He tried retroactively to enforce nonconforming land uses with almost no legal or public support. He proved too much an ideologue even for the polarizing Robert Moses, who killed Tugwell’s 50-year, pie-in-the-sky master plan for public housing.

Now let’s get back to Puerto Rico.

By 1941, Rexford Guy Tugwell had behind him a 20-year career of pontificating for big government and managing expensive government flops. Somehow that gave Franklin Roosevelt the idea of naming him governor of Puerto Rico. What Tugwell did for the mainland, he could now do for an island. Maybe this central planning stuff works better if you work small, right?

Nope.

So for five years, Professor Tugwell became Governor Tugwell. One of the first things he did was to create, with the legislature’s approval, the Puerto Rico Planning, Urbanization, and Zoning Board in 1942. If only he had done what John Copperthwaite did later in Hong Kong or what Ludwig Erhard did in postwar Germany or what inspired free marketers have done in freeing their cities, Puerto Rico might today be a beacon of liberty and prosperity. But Tugwell wanted to plan, plan, plan.

Pedro Serra is president of a new organization in Puerto Rico, the Alliance for the Protection of Liberties. He is a businessman from San Juan whose interest in free-market economics led him to work with the 2012 Ron Paul campaign. Looking back on the Tugwell period, he observes,

When President Roosevelt appointed Rexford G. Tugwell governor of Puerto Rico, it was in keeping with the same economic attitude that characterized the New Deal — that the government can solve an economy’s woes. Our government has since taken as an axiom that economic stagnation results from too little government, not too much. If this were the case, then today’s Puerto Rico should be paradise on earth. Instead our economy is depressed, our people jobless, and our government bankrupt.

Climate would seem to have blessed Puerto Rico for agricultural pursuits. Tugwell’s infinite wisdom suggested it should opt for industry instead, so he directed public policy against farming and toward manufacturing. He lobbied for all the aid and welfare from the mainland he could get. He set the tone for decades of a top-down welfare state. Joe Milligan, a colleague of Serra’s, is originally from Rochester, Michigan, and now brings his passion for free markets to San Juan, Puerto Rico, as the director of development for the Alliance for the Protection of Liberties. Here is how Milligan sums it up:

Governor Tugwell’s legacy is alive and apparent on the island. His tenure in office was characterized by central planning, government growth, and expansion of the welfare state. He stamped out the thriving sugar cane and coffee industries in favor of manufacturing. The result is that now we have neither. Today in Puerto Rico our government is the island’s largest employer and half of all residents require government financial assistance to subsist. In this sense Governor Tugwell truly left his mark.

Indeed, for many years after Governor Tugwell left Puerto Rico for academia back in the United States (where failure is celebrated as long as you worship the state and have good intentions), other New Dealers sojourned to the island to offer more of the same.

One of them was Hugh Barton, who had directed the US State Department’s Office of Strategic Services until he was fired for his knowledge of the communist affiliations of some of his top staff. Barton set up shop with the Puerto Rico Planning Board and the Office of Economic Research. If you had a college degree and a penchant for planning the economy of other people, you could get a government job in Puerto Rico in the 1950s and ’60s. Except for a brief retrenchment under one-term Governor Luis Fortuño, Puerto Rico has been run for decades as Tugwell first envisioned it, exacerbated by Washington’s poor policies to boot.

As I promised early in this article, there’s some good news in this bleak course of events. Puerto Rico now has a nascent libertarian movement and an organization devoted to spreading ideas of liberty as an antidote to the Tugwell legacy — the Alianza para la Protección de Libertades (Alliance for the Protection of Liberties) that Pedro Serra and Joe Milligan have launched.

The Alliance seeks to improve the lives of Puerto Ricans by building a new consensus around this proposition: a free society — not a centrally planned, politicized one — is a more prosperous and tolerant society. It works to build public support for smaller government and advise policy makers in choosing the proven path toward prosperity. The Alliance’s programs include developing a college campus lecture circuit, starting a YouTube channel specific to Puerto Rico’s issues, and disseminating compelling literature to legislators.

Never let a crisis go to waste, as the saying goes. Puerto Rico represents a unique opportunity to undo a painful, statist history. I hope readers will want to help.

To support the efforts of the Alliance, email Pedro Serra, the director, at pedro@protecciondelibertades.org.

“The curious task of economics,” Austrian economist F.A. Hayek taught us, “is to demonstrate to men how little they really know about what they imagine they can design.”

Rexford Guy Tugwell never understood that. With the help of the Alliance for the Protection of Liberties, Puerto Ricans may yet embrace Hayek’s wisdom and thereby shake the curse of Tugwell.


Lawrence W. Reed

Lawrence W. (“Larry”) Reed became president of FEE in 2008 after serving as chairman of its board of trustees in the 1990s and both writing and speaking for FEE since the late 1970s.

Politics Worsens Racial Divides — Markets Can Mend Them by Jeffrey A. Tucker

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Do you know what inspired the great Frederick Douglass finally to escape from slavery? He was working for a man in Baltimore, Maryland, and getting paid at the end of the day. He took his earnings to his master, who then decided how much Douglass could keep. This struck him as inherently unjust, a wicked symbol of servitude.

He fled to freedom because he wanted to realize and retain his full value in the marketplace. Effectively, he cut out the middle man, the coercive hand that presumed to control his life and property. It was then that he truly began to live a full life.

So it has been since slavery finally was finally abolished in the United States. Markets and commercial culture have been the respite from servitude, the enabler of social peace, the means by which justice is realized, and a source of empowerment for all peoples. Markets turn tension to harmony, injustice to personal fulfillment.

But when government intervenes, much like the role of Douglass’s master, it creates conflict, unfairness, and harms people’s capacity to work toward a more peaceful and prosperous world.

This is the message I gain from a poll released last week. It reveals that both blacks and whites think race relations are generally bad, and by wide margins. In general, two-thirds of survey respondents say that people are not getting along and that tension is high.

The striking fact: This is the reverse of what people believed in the days after the election of Barack Obama, the nation’s first black president.

American civic culture has always treated the presidency as some kind of mystical pinnacle, a beautiful bellwether of where we are as a people and where we are headed as a country. The idea is that we all look to the great man to set the tone and shape the character of us as a people.

Surely, then, because most everyone but a few trolls wants peace, understanding, and cooperation between blacks and whites, the best path forward is to elect a person of color. Surely that will fix something. Right?

Of course it did not. It’s one thing to observe little improvement in these poll numbers but it is quite something else to see them flip to reveal more despair than ever.

During Mr. Obama’s 2008 campaign, nearly 60 percent of blacks said race relations were generally bad, but that number was cut in half shortly after he won. It has now soared to 68 percent, the highest level of discontent among African Americans during the Obama years and close to the numbers recorded in the aftermath of the massive riots that followed the 1992 acquittal of Los Angeles police officers charged in the beating of Rodney King.

The presumption that a black presidency would repair the US race problem trivializes the on-the-ground reality. It presumes that people will respond to symbolism, to identity, to the perception of a new form of power-sharing in society, regardless of reality. Something similar is emerging in the case ofHillary Clinton: her womanness will surely bring new forms of gender justice and therefore harmony between the sexes. Based on the experience with Obama, we can look forward to a similar shot of optimism followed by a dramatic reversal of fortunes.

But let’s dig just a bit deeper into the polls, because it reveals something interesting. Though the news was buried in the story, the polls show a huge chasm between people’s macro and micro perceptions. It turns out that when people are asked about their own communities, which is to say their own lives, the picture is much brighter. Fully 77% said that race relations are good at this level — a number that has not changed in 20 years.

In other words, in terms of people’s experiences in daily life, we find evidence that both blacks and whites get along pretty well. And what does this mean? How do the races typically encounter each other in their own lives? Mostly it is through commercial settings. Shopping, trading, working, and engaging in all the normal activities of life, people find common interests despite their differences. Or it takes place in our social lives: at our houses of worship, the community pool, the neighborhood barbecue. On this very human level, it would appear that matters are better.

So in what respect do people perceive problems? It is when they reflect on the larger picture, which usually involves perceptions of politics and official institutions. Here is where differences manifest themselves. And in this respect, what has changed so dramatically over the past six years to signal new levels of racial tension? It is in the new every day: It is the treatment of blacks by civic institutions, meaning cops and criminal justice in particular. Here lies a major source of the problem.

You can see this in the data too. Here are the charts on how police treat people by race.

These are wide disparities. Among whites, 82% feel safe concerning the police, but only 58% of blacks say the same. Only 5% of whites believe that they have been singled out by police because of their race. Among blacks, 41% believe that — which is quite high (though not as high as I might have expected).

The polls are surely affected by the daily barrage of YouTube videos coming out that show horrendous treatment of black people by police. For white Americans, this has been a remarkable parade of injustice, causing a serious consciousness-raising on the part of every white person I know. Everyone has noticed has much more militarized policing has become over the last couple decades, but the problem is felt particularly intensely by blacks, who are disproportionately harmed by harassment and abuse.

My friend T.K. Coleman, who is black, posted a note a few days ago about his own experience. He and his wife were detained, handcuffed, and questioned for absolutely no reason. His account is harrowing.

He concludes:

There’s this naive idea floating around that people should never be afraid of cops as long as they’re innocent and compliant. For a lot of people in this country, that’s simply not true. …

But if we want to have intelligent discussions about authority in this country, we have to stop using a logic that tells us that people in authority always have a fair reason for doing what they do. We do a lot of talking about what people can do to avoid being abused by cops.

We don’t talk as much as we should about the abuse that happens to people who follow all those instructions. If we can’t question authority, we are doomed.

What we can tease out of these polls is the single most striking fact about human relationships. When they are politicized, and when we rely on government to rule our associations with others, the result is less harmony and more tension and injustice. But when we let go and let voluntary human associations take over, letting people trade and keep property and make decisions for themselves and cooperate as equals, we see progress toward what most everyone wants: peace, harmony, and mutually beneficial engagement.

The implications of this realization are epic. For hundreds of years, governments at all levels have been interfering in race relations, favoring or disfavoring one group or another, sometimes in petty ways and other times in egregious ways. In taking this path, governments have done no one any favors. And today, government remains the single biggest obstacle towards a more harmonious social life of inclusion and free association.

In these last days of his presidency, Obama has finally turned his attention to the problem of criminal justice and the horrible problem of prisons. Finally! I have no reason to doubt his sincerity, even if it turns out to be too little and too late. To the extent he manages to reform the system, removing the boot from the neck just a bit, he will have made his greatest contribution toward racial reconciliation.

In the long run, no one benefits from top-down control. If we are to forge good lives and good communities for ourselves, it is going to be by deferring to the emergent processes of social and economic engagement, one person at a time. Government divides people; markets bring us together.

Frederick Douglass made a courageous decision to seek his own freedom as a path to realizing his highest value in this world. He did this by saying no to the master who presumed to rule his life and property. So must we all.


Jeffrey A. Tucker

Jeffrey Tucker is Director of Digital Development at FEE, CLO of the startup Liberty.me, and editor at Laissez Faire Books. Author of five books, he speaks at FEE summer seminars and other events. His latest book is Bit by Bit: How P2P Is Freeing the World. Follow on Twitter and Like on Facebook.

Why Is Economics “the Dismal Science”? The Reason May Surprise You! by David R. Henderson

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In an otherwise excellent post responding to Noah Smith about economic growth, my Hoover colleague and friend John Cochrane makes a mistake in the history of economic thought.

John writes:

They do not call us the “dismal science” because we think the current world is close to the best of all possible ones, and all there is to do is haggle over technical amendments to rule 134.532 subparagraph a and hope to squeeze out 0.001% more growth.

Usually, the role of economists is to see the great possibilities that every day experience does not reveal. (“Dismal” only refers to the fact that good economics respects budget constraints.)

Actually, that’s not what dismal refers to. David M. Levy and Sandra J. Peart write:

Everyone knows that economics is the dismal science. And almost everyone knows that it was given this description by Thomas Carlyle, who was inspired to coin the phrase by T. R. Malthus’s gloomy prediction that population would always grow faster than food, dooming mankind to unending poverty and hardship.

While this story is well-known, it is also wrong, so wrong that it is hard to imagine a story that is farther from the truth. At the most trivial level, Carlyle’s target was not Malthus, but economists such as John Stuart Mill, who argued that it was institutions, not race, that explained why some nations were rich and others poor.

Carlyle attacked Mill, not for supporting Malthus’s predictions about the dire consequences of population growth, but for supporting the emancipation of slaves. It was this fact–that economics assumed that people were basically all the same, and thus all entitled to liberty–that led Carlyle to label economics “the dismal science.”

They go on to write:

Carlyle disagreed with the conclusion that slavery was wrong because he disagreed with the assumption that under the skin, people are all the same. He argued that blacks were subhumans (“two-legged cattle”), who needed the tutelage of whites wielding the “beneficent whip” if they were to contribute to the good of society.

In a speech at Susquehanna University earlier this year, I quoted this and pointed out that it was the classical economists, John Stuart Mill, et al, who believed that black lives matter.

This post first appeared at Econlog, the blog of the Library of Economics and Liberty. © Liberty Fund, Inc., reprinted with permission.


David Henderson

David Henderson is a research fellow with the Hoover Institution and an economics professor at the Graduate School of Business and Public Policy, Naval Postgraduate School, Monterey, California. He is editor of The Concise Encyclopedia of Economics (Liberty Fund) and blogs at econlib.org.

Marriage and the (Forgotten) Middle Class Welfare State by Daniel Bier

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Jason Kuznicki, in his wonderful post on marriage and the state, included this baffling chart of how the marriage penalty/bonus affects couples jointly filing tax returns:

Kuznicki points out that the penalty/bonus part is just an inevitable artifact of the progressive income tax system. The math just works out that way.

But, my friend Sean J. Rosenthal points out, the chart also shows Director’s Law: “Public expenditures are made for the primary benefit of the middle classes, and financed with taxes which are borne in considerable part by the poor and the rich.”

George Stigler, channeling the work of the great Chicago economist Aaron Director, coined the term in a 1970 article in the Journal of Law and Economics.

The logic of Director’s Law is:

Government has coercive power, which allows it to engage in acts (above all, the taking of resources) which could not be performed by voluntary agreement of the members of a society.

Any portion of the society which can secure control of the state’s machinery will employ the machinery to improve its own position.

Under a set of conditions… this dominant group will be the middle income classes.

Stigler went on to describe the Public Choice calculus for a wealthy modern democracy. In a society like ours, with our electoral institutions, the interests of the middle class will always have the biggest sway on public policy, since most people fall in the middle of the income distribution, rather than at bottom or the top.

Politicians will (and must) try to gratify the middle’s desires and shift the costs somewhere else — i.e., the rich and the poor and future generations, since they have relatively less influence on public policy. (Though this general rule is not to say that there aren’t also policies that primarily benefit the poor or the wealthy.)

This explains a lot of features of public policy that don’t fit with the normal “welfare is all about the poor” or “the rich run everything” paradigms.

For instance, Obamacare’s insurance scheme is basically all a big subsidy for older, relatively wealthier middle class people at the expensive of younger, poorer people. The other half of Obamacare, the Medicaid expansion, increases eligibility for Medicaid up to 400% of the poverty line — that safety net is catching some pretty middling fish at this point.

Medicare and Social Security, the marriage penalty/bonus distribution, college student loans, tax write-offs for mortgage payments and employer-sponsored health insurance, small business favoritism, and a host of other policies are essentially giveaways to the middle class, at the expense of the rich and poor.

Nonetheless, we should expect politicians to continue harping on the plight of the middle class, stroking voters’ fears and concerns about the “shrinking middle,” promising to “rebuild the middle class,” pass “tax cuts for the middle class,” save “Main Street,” and on, and on.

And who could ever be against helping middle class? Nobody. And that’s how we end up being content with a marriage policy that punishes poor (and rich) working couples, even while pundits bemoan the state of marriage.

Update #1: As with many later developments in economics, Frederic Bastiat anticipated Public Choice by more than a hundred years. In his Selected Essays on Political Economy, recently republished by FEE, he wrote,

When, under the pretext of fraternity, the legal code imposes mutual sacrifices on the citizens, human nature is not thereby abrogated. Everyone will then direct his efforts toward contributing little to, and taking much from, the common fund of sacrifices.

Now, is it the most unfortunate who gain in this struggle? Certainly not, but rather the most influential and calculating.

Update #2: I see that Director’s Law was first mentioned in the Freeman, before Stigler published on it in JLE, in John Chamberlain’s coverage of the 1969 Mont Pelerin Society meeting in Venezuela.


Daniel Bier

Daniel Bier is the editor of Anything Peaceful. He writes on issues relating to science, civil liberties, and economic freedom.

What Greek “Austerity”? by Steve H. Hanke

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greek president

Greek Prime Minister Alexis Tsipras

It’s hard to find anything written or spoken about Greece that doesn’t contain a great deal of hand-wringing about the alleged austerity — brutal fiscal austerity — that the Greek government has been forced to endure at the hands of the so-called troika (the European Central Bank, the European Commission, and the International Monetary Fund).

This is Alice in Wonderland economics. It supports my 95% rule: 95% of what you read about economics and finance is either wrong or irrelevant.

The following chart contains the facts courtesy of Eurostat.

Social security spending as a percentage of GDP in Greece is clearly bloated relative to the average European Union country — even more so if you only consider the 16 countries that joined the EU after the Maastricht Treaty was signed in 1993.*

To bring the government in Athens into line with Europe, a serious diet would be necessary — much more serious than anything prescribed by the troika.

* Ed. note: The treaty created the EU and the euro and also obligated EU members to keep “sound fiscal policies, with debt limited to 60% of GDP and annual deficits no greater than 3% of GDP.” Ha!

Steve H. Hanke

Steve H. Hanke is a Professor of Applied Economics and Co-Director of the Institute for Applied Economics, Global Health, and the Study of Business Enterprise at The Johns Hopkins University in Baltimore.

Capitalist Theory Is Better Than Socialist Reality by Sandy Ikeda

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Tell someone on the left that crony capitalism is not the same as the free market and they’ll often respond that capitalism as it really exists is crony capitalism. They will say that there has never been an instance of capitalism in which government-sponsored or government-abetted cronyism didn’t play a substantial role — either through war, taxation, or slavery — in a market economy. As a result, the failings of crony capitalism — corruption, privilege, oppression, business cycles — are simply the failings of capitalism itself.

One correct response is to show that the less intervention there has been, the less corrupt, privileged, oppressive, and unstable the socioeconomic order also has been. Many would simply reiterate that, historically, laissez-faire capitalism has never existed, nor could it exist, without interventionism. They simply will not or cannot distinguish the free market from state capitalism, corporate capitalism, or other forms of the mixed economy.

Which is perhaps why some on the left have adopted the term “neoliberalism,” a perfectly good word that has come to represent an imbroglio of vaguely market-cum-corporativist views. They can’t imagine how markets could work without some form of state intervention holding it all together. And that’s probably because they reject what economist Peter Boettke calls “mainline economics,” or economics in the tradition of Adam Smith, Frédéric Bastiat, and Carl Menger, among others.

It’s frustrating, but there are two points I’d like to make. The first is that in our libertarian critiques of collectivism, we often make an argument that sounds similar to the one people on the left make. But, second, if libertarians are careful, they may be more justified in doing so.

What Is the Turnabout?

Most socialists today have abandoned their earlier claim that socialism generates greater material prosperity, but many on the left still insist that under a pure collectivist system, greater justice and equality would prevail. Socialism, in other words, is a far more humane socioeconomic order than capitalism.

How do libertarians respond to such a claim?

Sometimes we react with contempt or with disbelief that anyone could be so stupid or so evil or both as to argue such a thing. I hope no reader of theFreeman would react that way, although I’m afraid some do. Sometimes we react with slightly more civility by aiming our dismissive contempt not at the person but at the leftist ideas she holds. I will only say that we should take to heart what John Stuart Mill wrote in On Liberty about so-called bad ideas and opinions:

Every opinion which embodies somewhat of the portion of truth which the common opinion omits, ought to be considered precious, with whatever amount of error and confusion that truth may be blended.

There are other responses to the claim that socialism is more just and humane than capitalism, but I would like to focus on the one that I’ve often used: socialism in practice has always and everywhere tended to lead, to the degree that it is consistently applied, not to freedom and material well-being, but to tyranny and want. In other words, while socialism in theory may be all good things to all good people, the more government has practiced collectivism and central planning to achieve its goals of justice and equality, the farther it has fallen short of those goals. (And if you think countries such as Sweden are the exception, you might read my March 2013 Freeman article, “The New Swedish Model.”)

How is that different from the left’s position that legal privilege, oppression, and other problems are part and parcel of capitalism in practice? Each side seems to be arguing that the historical failings we’ve witnessed in each system are necessary to that system and not exceptions — features, not bugs.

A Possible Resolution

Clearly, the die-hard socialist and the die-hard libertarian argue from different fundamental principles. While there are many varieties of socialism, all are suspicious to a fairly high degree of private property, prices, and profit as the central ordering forces of society. Libertarians, too, are diverse, but I believe we all share strongly opposite views to those on the left on private property, prices, and profit as necessary (and for some libertarians, mistakenly I believe, sufficient) for a civil and prosperous society.

Socialists and indeed interventionists of all stripes also seem confident that the intentions of government authorities (especially those who have been elected) are virtuous enough and their knowledge reliable and complete enough to succeed in promoting the general welfare. In this, I think, it boils down to the underlying economics.

As a rule, libertarians use mainline economic theory to reach their conclusions about socialism and the perverse dynamics of interventionism. (There are, of course, ethical and philosophical approaches, as well.) And while interventionists and perhaps even some collectivists may believe that mainline economic theory does an okay job of framing some questions and of finding some answers to those questions, they also believe that mainline economics is far too limited to address a significant proportion of economic issues.

But the problem with such a view is that there’s no principled way to say in what circumstances mainline economics has failed. Sure, no theory of the economic system, mainline or otherwise, gets it right in every instance. We then have to look to historical evidence to clarify when, under what circumstances, and to what extent mainline economics holds up. And the historical evidence is indeed on the side of the libertarian interpretation of what collectivism and various degrees of central planning are, and of what laissez-faire capitalism is.

Indeed, the historical evidence overwhelmingly shows that social mobility, innovation, prosperity, per capita income, and per capita wealth are all tightly and positively correlated with economic freedom. And contrariwise, to the extent that economic freedom is lacking, social and economic stagnation, want, and shrinking civil rights have followed. (See, for example, the most recent publication of FreetheWorld.com.)

Someone might retort that correlation is not causation, and they would be right if there wasn’t a causal theory linking economic freedom with all those great things. But libertarians do have such a theory, and it’s called mainline economics.

Those on the left, however, don’t have a coherent theory of the mixed economy. Indeed, no such theory exists. There are several theories of so-called “market failure,” but they do not together constitute a coherent theory. What does exist is a critique of the mixed economy that is based on the realization that the ordering principle of the free market and the ordering principle of collectivist central planning are logically incompatible. One is based on open-ended entrepreneurial competition, the other on some form of constraining central planning. Interventionist approaches that attempt to combine them aren’t really systems at all. They are literally incoherent, and what makes them incoherent is the absence of a consistent ordering principle.

(My contribution to this volume [PDF] delves into this topic more deeply.)

Instead, what you’re left with, given the cognitive limits of the human mind and the spontaneous complexity of real-world systems, is expediency. Each problem is addressed not on the basis of principle, but in ad hoc fashion according to the prevailing interests of the moment. In the case of capitalism, while opportunism and cronyism do constantly pull in the direction of expediency, the force resisting that pull is entrepreneurial competition. That’s because cutting corners opens opportunities for one’s rivals to do a better job.  Moreover, that competition operates more effectively to resist and absorb all forms of intervention, crony or otherwise, the less interventionist the system is.

So while the form of the critiques of the left and of libertarians may sound similar, they are vastly different in substance.


Sandy Ikeda

Sandy Ikeda is a professor of economics at Purchase College, SUNY, and the author of The Dynamics of the Mixed Economy: Toward a Theory of Interventionism.

Gays Need the Freedom to Discriminate by Jeffrey A. Tucker

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Gaining the right to be married is a win for liberty because it removes a barrier to free association. But how easily a movement for more freedom turns to the cause of taking away other freedoms!

Following the Supreme Court decision mandating legal same-sex marriage nationwide, the New York Times tells us that, “gay rights leaders have turned their sights to what they see as the next big battle: obtaining federal, state and local legal protections in employment, housing, commerce and other arenas.”

In other words, the state will erect new barriers to freedom of choice in place of the old ones that just came down!

To make the case against such laws, it ought to be enough to refer to the freedom to associate and the freedom to use your property as you see fit. These are fundamental principles of liberalism. A free society permits anything peaceful, and that includes the right to disassociate. Alas, such arguments seem dead on arrival today.

So let us dig a bit deeper to understand why anti-discrimination laws are not in the best interests of gay men and women, or anyone else. Preserving the ability to discriminate permits the market system to provide crucial information feedback to a community seeking to use its buying power to reward its friends and noncoercively, nonviolently punish those who do not share its values.

Ever more, consumers are making choices based on core values. Does this institution protect the environment, treat its workers fairly, support the right political causes? In order to make those choices — which is to say, in order to discriminate — consumers need information.

In the case of gay rights, consumers need to know who supports inclusion and who supports exclusion. Shutting down that information flow through anti-discrimination law robs people of crucial data to make intelligent buying decisions. Moreover, such laws remove the competitive pressure of businesses to prove (and improve) their commitment to community values, because all businesses are ostensibly bound by them.

A market that permits discrimination, even of the invidious sort, allows money and therefore success and profits to be directed toward those who think broadly, while denying money and profitability to those who do not. In this way, a free market nudges society toward ever more tolerant and inclusive attitudes. Money speaks far more persuasively than laws.

Notice that these proposed laws only pertain to the producer and not the consumer. But discrimination is a two-edged sword. The right can be exercised by those who do not like some groups, and it can be exercised by those groups against those who do not like them.

Both are necessary and serve an important social function. They represent peaceful ways of providing social and economic rewards to those who put aside biases in favor of inclusive decision making.

If I’m Catholic and want to support pro-Catholic businesses, I also need to know what businesses don’t like Catholics. If I’m Muslim and only want my dollars supporting my faith, I need to know who won’t serve Muslims (or who will put my dollars to bad use). If a law that prohibits business from refusing to serve or hire people based on religion, how am I supposed to know which businesses deserve my support?

It’s the same with many gay people. They don’t want to trade with companies that discriminate. To act out those values requires some knowledge of business behavior and, in turn, the freedom to discriminate. There is no gain for anyone by passing a universal law mandating only one way of doing business. Mandates drain the virtue out of good behavior and permit bad motivations to hide under the cover of law.

Here is an example from a recent experience. I was using AirBnB to find a place to stay for a friend. He needed a place for a full week, so $1,000 was at stake. The first potential provider I contacted hesitated and began to ask a series of questions that revolved around my friend’s country of origin, ethnicity, and religion. The rental owner was perfectly in his rights to do this. It is his home, and he faces no obligation to open it to all comers.

On the other hand, I found the questions annoying, even offensive. I decided that I didn’t want to do business with this person. I made a few more clicks, cancelled that query, and found another place within a few minutes. The new renter was overjoyed to take in my friend.

I was delighted for two reasons. First, my friend was going to stay at a home that truly wanted him there, and that’s important. Force is never a good basis for commercial relationships. Second, I was able to deny $1K to a man who was, at best, a risk averse and narrow thinker or, at worst, an outright bigot.

Declining to do business with him was my little protest, and it felt good. I wouldn’t want my friend staying with someone who didn’t really want him there, and I was happy not to see resources going toward someone whose values I distrusted.

In this transaction, I was able to provide a reward to the inclusive and broad-minded home owner. It really worked out too: the winning rental property turned out to be perfect for my friend.

This was only possible because the right to discriminate is protected in such transactions (for now). I like to think that the man who asked too many questions felt a bit of remorse after the fact (he lost a lot of money), and even perhaps is right now undergoing a reconsideration of his exclusionary attitudes. Through my own buyer decisions I was actually able to make a contribution toward improving cultural values.

What if anti-discrimination laws had pertained? The man would not have been allowed to ask about national origin, religion, and ethnicity. Presuming he kept his room on the open market, he would have been required under law to accept my bid, regardless of his own values.

As a result, my money would have gone to someone who didn’t have a high regard for my friend, my friend would have been denied crucial information about what he was getting into, and I would not be able to reward people for values I hold dear.

This is precisely why gay rights leaders should be for, not against, the right to discriminate. If you are seeking to create a more tolerant society, you need information that only a free society can provide.

You need to know who is ready to serve and hire gay men and women, so they can be rewarded for their liberality. You also need to know who is unwilling to hire and serve so that the loss part of profit-and-loss can be directed against ill-liberality. Potential employees and customers need to know how they are likely to be treated by a business. Potential new producers need to know about business opportunities in under-served niche markets.

If everyone is forced to serve and hire gays, society is denied important knowledge about who does and does not support enlightened thinking on this topic.

Consider the prototypical case of the baker who doesn’t want to make a wedding cake for a same-sex couple. He is within his rights. His loss of a potential customer base is his own loss. It is also the right of the couple to refuse to give this baker business. The money he would have otherwise made can be redirected towards a baker who is willing to do this. It is equally true that some people would rather trade with a baker who is against gay marriage, and they are within their rights as well.

Every act of discrimination, provided it is open and legal, provides a business opportunity to someone else.

How does all this work itself out in the long run? Commerce tends toward rewarding inclusion, broadness, and liberality. Tribal loyalties, ethnic and religious bigotries, and irrational prejudices are bad for business. The merchant class has been conventionally distrusted by tribalist leaders — from the ancient to the modern world — precisely because merchantcraft tends to break down barriers between groups.

We can see this in American history following the end of slavery. Blacks and whites were ever more integrated through commercial exchange, especially with the advance of transportation technology and rising incomes. This is why the racists turned increasingly toward the state to forbid it. Zoning laws, minimum wage regulation, mandatory segregation, and occupational licensing were all strategies used to keep the races separate even as the market was working toward integration.

The overwhelming tendency of markets is to bring people together, break down prejudices, and persuade people of the benefits of cooperation regardless of class, race, religion, sex/gender, or other arbitrary distinctions. The same is obviously and especially true of sexual orientation. It is the market that rewards people who put aside their biases and seek gains through trade.

This is why states devoted to racialist and hateful policies always resort to violence in control of the marketplace. Ludwig von Mises, himself Jewish and very much the victim of discrimination his entire life, explained that this was the basis for Nazi economic policy. The market was the target of the Nazis because market forces know no race, religion, or nationality.

“Many decades of intensive anti-Semitic propaganda,” Mises  wrote in 1944, “did not succeed in preventing German ‘Aryans’ from buying in shops owned by Jews, from consulting Jewish doctors and lawyers, and from reading books by Jewish authors.” So the racists turned to the totalitarian state — closing and confiscating Jewish business, turning out Jewish academics, and burning Jewish books — in order to severe the social and economic ties between races in Germany.

The biggest enemy of marginal and discriminated-against populations is and has always been the state. The best hope for promoting universal rights and a culture of tolerance is the market economy. The market is the greatest weapon ever devised against bigotry — but, in order to work properly, the market needs to signaling systems rooted in individuals’ freedom of choice to act on their values.

And, to be sure, the market can also provide an outlet for people who desire to push back for a different set of values, perhaps rooted in traditional religious concerns. Hobby Lobby, Chick-Fil-A, In-and-Out Burger, among many others, openly push their religious mission alongside their business, and their customer base is drawn to them for this reason. This is also a good thing. It is far better for these struggles to take place in the market (where choice rules) rather than through politics (where force does).

Trying to game that market by taking away consumer and producer choice harms everyone. Anti-discrimination laws will provide more choices at the expense of more informed choices. Such laws force bigotry underground, shut down opportunities to provide special rewards for tolerance, and disable the social learning process that leads to an ever more inclusive society.

New laws do not fast-track fairness and justice; they take away opportunities to make the world a better place one step at a time.


Jeffrey A. Tucker

Jeffrey Tucker is Director of Digital Development at FEE, CLO of the startup Liberty.me, and editor at Laissez Faire Books. Author of five books, he speaks at FEE summer seminars and other events. His latest book is Bit by Bit: How P2P Is Freeing the World.

SCOTUS Says You Can Be Sued for Unintentional Discrimination by Walter Olson

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Stop calling it fair housing law. If it was ever a matter of fairness, it isn’t now.

Under today’s 5-4 Supreme Court holding in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, you can be held liable for housing discrimination whether or not you or anyone in your organization intended to discriminate.

Instead — to quote Justice Anthony Kennedy, who joined with the Court’s four liberals in a 5-4 majority — you might have been influenced by “unconscious prejudice” or “stereotyping” when you lent money or rented apartments or carried on appraisal or brokerage or planning functions.

What you did had “disparate impact” on some race or other legally protected group, and now you’re caught up in potentially ruinous litigation in which it’s up to you to show that you had a good reason for what you did and could not have arranged your actions in some other way that had less disparate impact.

The decision is quite broad in its implications. For example, in employment discrimination law, where disparate impact has long been legally established, it is increasingly legally dangerous to ask job applicants about criminal records, or carry out criminal background checks on them before a job offer, for fear of disparate impact.

Is it still safe to ask such questions of prospective tenants in your apartment building? Better ask your lawyer.

The case hinged on statutory interpretation, and as Justice Alito’s dissent makes clear, King v. Burwell wasn’t the only case decided today in which a majority mangled the clear meaning of a law’s text to get the result it wanted.

As Justice Ginsburg was frank enough to note at oral argument, “”If we’re going to be realistic about it…in 1968, when the Fair Housing Act passed, nobody knew anything about disparate impact.”

On the contrary, the law’s text specified that it was banning decisions taken “because of” race, and to find a loophole the majority was obliged to fall back on an incidental clause banning the making “unavailable” of a “dwelling,” which we are meant to believe snuck in a huge new area of liability.

As the majority stresses, many appeals courts did go along with a liberal interpretation. But the Executive Branch did not — in 1988 it took the position before the Court that the law did not permit disparate impact claims — while Congress hedged the issue in later enactments so as to keep all sides on board a compromise.

Despite ridiculous claims (like that in a Vox headline) that the Court today “saved” the Fair Housing Act or that a contrary decision would have “gutted” it, the great majority of litigation under the Act has been on disparate-treatment complaints (which, as Alito notes, can already use disparate impact as evidence of pretext.)

But the Obama administration, as I’ve documented elsewhere, has launched a huge effort to turn disparate-impact law into an engine of revolutionary changes in local government and housing practice, introducing, for example, such concepts as a local government obligation to pursue subsidized federal housing grants and to enact laws forcing private landlords to accept Section 8 tenants.

As the four dissenters make clear, a compliance and litigation nightmare now looms for many in real estate, finance, and local government as they try to dodge liability.

“No matter what [Texas] decides” in the case at hand on locating low-income housing, for example, one or another group “will be able to bring a disparate-impact case” based either on the theory that projects should be put in poorer areas (which enables building more of them) or in affluent areas (which will benefit some future residents).

If you have time to read only one bit of today’s opinion, read Justice Clarence Thomas’s separate dissent. Thomas brilliantly recounts the EEOC’s successful subversion of its own founding statute, culminating in the Court’s profoundly mistaken opinion in Griggs v. Duke Power, the employment case that founded disparate impact theory.

“We should drop the pretense that Griggs’ interpretation of Title VII was legitimate,” he writes. It’s a tour de force — and already being denounced vehemently on the Left.

This post first appeared at Cato.org.


Walter Olson

Walter Olson is a senior fellow at the Cato Institute’s Center for Constitutional Studies.

Neoliberalism: Making a Boogeyman Out of a Buzzword by Max Borders

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After Salon.com stopped being interesting, they needed a way to drive traffic. Competition for eyeballs is tough, after all. In the dog-eat-dog world of attracting eyeballs, you’ve got to find clever ways to pull in new readers.

One way to drive traffic is to poke people you know disagree with you. And by poking, I mean turning them into a Voodoo Doll.

This variation on beating up a Straw Man has the benefit of the Internet’s sharing magic. That is, if you pick on some group they will feel it. Then they will turn around and express their outrage by sharing your stuff! Voila: instant Internet gold.

In making Voodoo Dolls, you don’t always have to pick on a specific person. You can go for a worldview. Salon has given libertarianism a lot of flak, of course. But now they’re going for an even bigger boogeyman, because the idea is to paint as many people as you can with the same tarbrush.

What better place to go for a big, sweeping label than the academy?

Here’s UC-Berkeley political science professor Wendy Brown talking “neoliberalism” in a Salon interview.

And how do you define neoliberalism? It’s not uncommon for me to experience people I’d consider neoliberals telling me the term is meaningless.

I think most Salon readers would know neoliberalism as that radical free-marketeering that comes to us in the ‘70s and ‘80s, with the Reagan-Thatcher revolution being the real marker of that turn in Euro-Atlantic world. It means the dismantling of publicly owned industry and deregulation of capital, especially finance capital; the elimination of public provisions and the idea of public goods; and the most basic submission of everything to markets and to unregulated markets.

So free enterprise is its clarion call, and even though it requires a lot of state intervention and state support, the idea that goes with it is usually also minimal state intervention in markets. Even if states are needed to prop or support or sometimes bail out markets, they shouldn’t get into the middle of them and redistribute [wealth]. That’s all true. That’s certainly part of what neoliberalism is.

Okay, let’s see if we can make heads or tails of this magician’s patter.

Start with Professor Brown’s concern that people have criticized the term neoliberalism as being meaningless. This doctrine, Brown says, “requires a lot of state intervention and state support, the idea that goes with it is usually also minimal state intervention in markets.”

Huh? If neoliberalism isn’t exactly libertarianism or anarcho-capitalism — because these doctrines certainly do not include or require state intervention and support of markets — then we might say she’s talking about cronyism. And certainly if someone were to build a doctrine around cronyism, that would not be meaningless.

It turns out such a doctrine does exist. But it’s not neoliberalism; it’s corporatism — and it’s a progressivist ideology.

According to Nobel laureate Edmund S. Phelps, quoted in the Freeman:

The managerial state has assumed responsibility for looking after everything from the incomes of the middle class to the profitability of large corporations to industrial advancement. This system . . . is . . . an economic order that harks back to Bismarck in the late nineteenth century and Mussolini in the twentieth: corporatism.

Phelps says,

In various ways, corporatism chokes off the dynamism that makes for engaging work, faster economic growth, and greater opportunity and inclusiveness. It maintains lethargic, wasteful, unproductive, and well-connected firms at the expense of dynamic newcomers and outsiders, and favors declared goals such as industrialization, economic development, and national greatness over individuals’ economic freedom and responsibility.

Today, airlines, auto manufacturers, agricultural companies, media, investment banks, hedge funds, and much more has [sic] at some point been deemed too important to weather the free market on its own, receiving a helping hand from government in the name of the “public good.”

But where does this idea come from? Contra Brown, it’s not from the “free marketeers”. Economist Thayer Watkins says:

In the last half of the 19th century people of the working class in Europe were beginning to show interest in the ideas of socialism and syndicalism. Some members of the intelligentsia, particularly the Catholic intelligentsia, decided to formulate an alternative to socialism which would emphasize social justice without the radical solution of the abolition of private property.

The result was called Corporatism. The name had nothing to do with the notion of a business corporation except that both words are derived from the Latin word for body, corpus.

To be fair, Brown might protest, arguing that she would subsidize, cartelize, and manage the right industries, such as finance. At least she laments the liberalization of these industries, citing Thatcher as an example of neoliberal excess, despite what a basket case Britain had been under prior governments.

So which industries would she leave private and which “require a lot of state intervention”? And what sort of magic makes any such scheme immune to rent-seeking and capture?

It appears state support of business originated among certain less-communist advocates of social justice. But surely this is not something the more moderate progressives had in mind.

After all, says Brown, “What’s more, if those of us who oppose neoliberalism misinterpret it as simply another word for capitalism, we make the job of fighting it even more difficult. Franklin Delano Roosevelt was a capitalist, after all. But a neoliberal, he most certainly was not.”

Libertarian philosopher Jason Brennan says it’s time to point fingers and name names. In a rare polemic called “Dear Left: Corporatism is Your Fault” he writes,

America is suffering from rampant, run-away corporatism and crony capitalism. We are increasingly a plutocracy in which government serves the interests of elite financiers and CEOs at the expense of everyone else.

You know this and you complain loudly about it. But the problem is your fault. You caused this state of affairs. Stop it.

But the moderate left didn’t want radical socialism. They just wanted regulatory agencies to rein in the excesses of the market. They wanted the government to subsidize or own areas that ought to be considered public goods, like healthcare, transportation, education, and the environment. But good intentions are not enough, writes Brennan.

We told you this would happen, but you wouldn’t listen. You complain, rightly, that regulatory agencies are controlled by the very corporations they are supposed to constrain. Well, yeah, we told you that would happen. When you create power—and you people love to create power—the unscrupulous seek to capture that power for their personal benefit. Time and time again, they succeed. We told you that would happen, and we gave you an accurate account of how it would happen.

You complain, perhaps rightly, that corporations are just too big. Well, yeah, we told you that would happen. When you create complicated tax codes, complicated regulatory regimes, and complicated licensing rules, these regulations naturally select for larger and larger corporations. We told you that would happen. Of course, these increasingly large corporations then capture these rules, codes, and regulations to disadvantage their competitors and exploit the rest of us. We told you that would happen.

Brennan was probably a little upset when he wrote this, but fairly so. People like Wendy Brown have been trying to emblazon corporatism on the tunics of free marketeers and liberalizers for a while now. And they’re generally pontificating from the academy, rather than from the brothels of K St. in Washington, or Venezuela’s Ministry of Planning and Finance.

No one who calls herself a political science professor should have earned her letters without having read public choice theory. No, it’s time to admit that all progressive attempts to stitch together old scraps of socialism with markets will create perverse effects and corruption of one form or another.

Maybe Prof. Brown is okay with “corporatizing” some industries while leaving others in private hands, a la FDR. Hers seems to be an attempt to synthesize the heart of Marx with the will of the people. She says:

“Demos kratia” — “people rule” — is really the term that, however differently it’s been interpreted over different variations of democracy and different centuries, is one that we all cherish on some level. Demos is important because it’s the body, it’s the people, that we imagine are in control of the basic conditions and laws that govern our lives.

Ah, yes “the body,” the corpus. Haven’t we heard that one before? We’re supposed to cherish democracy, because, well, it’s as American as apple pie. Any more reflection would require admitting that the “demos” disagrees about stuff. And that’s a slippery slope to individualism and recognizing the need for tolerance and personal autonomy. This is the fact of pluralism that even the liberal philosopher John Rawls starts with.

Whenever you hear the world neoliberalism, be wary. It could be completely meaningless filler, but it’s always as squishy as silly putty. It’s a label that’s designed to demonize those who would never support it — a word to be accompanied by a sneer. It is a means of defining oneself as against something — preferably a nice soft Straw Man — rather than doing the hard business of coming out ideologically and defending your ideas.

When you realize that accepting degrees of state intervention is a problem of degree and not of kind, it becomes clear the Wendy Browns have nowhere to run but to nebulous concepts like “demos.” That is because between corporatism and communism there is no magical third way, only shades of state coercion, justified by a flimsy majoritarian facade. The choice between nationalized or regulated industries is binary, so the ideological choice set is really only between communism and corporatism. But communism screwed things up. Corporatism screws things up. All the variations screw things up because each permutation involves power and business forming unholy alliances.

People like Wendy Brown and her Salon interviewer Elias Isquith aren’t stupid. And like most people, they have good intentions. They are committed to a particular theory of angels. Demos, that golden calf, is the tired old notion that if we could just blur the peculiarities, individuality, and desires of 300 million people into a single prayer and send it up through the voting booth, what will come out the other side — in Washington, D.C. — is a kind of secular salvation. But this sort of thinking turns on hypostatization, that timeless fallacy of ambiguity that seduces people into collectivism.

We have to look them squarely in the face and say: “You caused this state of affairs. Stop it.”


Max Borders

Max Borders is the editor of the Freeman and director of content for FEE. He is also co-founder of the event experience Voice & Exit and author of Superwealth: Why we should stop worrying about the gap between rich and poor.

Blurred Lines: The Humanitarian Threat to Free Speech by Aaron Tao

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“Think of liberalism … as a collection of ideas or principles which go to make up an attitude or ‘habit of mind.’” – Arthur A. Ekirch

In Democracy in America, Alexis de Tocqueville was keen to observe that “once the Americans have taken up an idea, whether it be well or ill founded, nothing is more difficult than to eradicate it from their minds.”

Reflecting upon my experience as a first-generation immigrant who grew up in the United States, I concur with Tocqueville; this inherent feature of the culture and character of the American people holds true even today.

In America, there are no sacred cows, no one is above criticism, and no one has the final say on any issue. It is worth emphasizing that today, the United States stands virtually alone in the international community in upholding near-absolute freedom of personal expression, largely thanks to the constitutional protections provided by the First Amendment.

But without certain internalized values and principles, the legal bulwark of the First Amendment is nothing more than a parchment barrier.

As cliché as it may sound, it is important to recognize that our cherished freedom to think, speak, write, and express ourselves should not be taken for granted. Defending the principle of free speech is a perennial conflict that has to be fought in the court of public opinion here and abroad.

Unfortunately, a number of recent developments have greatly alarmed civil libertarians and may very well carry long-term negative repercussions for the United States as a free and open society.

In his new book, Freedom from Speech, Greg Lukianoff, the president of the Foundation for Individual Rights in Education (FIRE) and tireless free speech advocate, highlights a troubling cultural phenomenon: the blurring of physical safety with psychological and ideological comfort.

It is a disturbing trend that is not limited to the United States:

People all over the globe are coming to expect emotional and intellectual comfort as though it were a right. This is precisely what you would expect when you train a generation to believe that they have a right not to be offended. Eventually, they stop demanding freedom of speech and start demanding freedom from speech.

On the other side of Atlantic, Great Britain is undergoing what one writer describes as a “slow death of free speech.” The land of Milton is now home to luminaries who wish to reinstate Crown licensing of the press (not seen since 1695!).

Meanwhile, ordinary people face jail time for callous tweeting. In British universities, student-driven campaigns have successfully shut down debates and banned pop songs, newspapers, and even philosophy clubs.

While the United States is fortunate enough to have the First Amendment [to] prevent outright government regulation of the press, cultural attitudes play a greater role in maintaining a healthy civil society.

Lukianoff reserves special criticism for American higher education for “neglecting to teach the intellectual habits that promote debate and discussion, tolerance for views we hate, epistemic humility, and genuine pluralism.”

Within academia, “trigger warnings” and “safe places” are proliferating. In a truly Bizarro twist, it has now come to the point that faculty members are defending individual rights and due process and decrying mob rule, while their students run off in the opposite direction.

We now hear on a regular basis of campus outrages involving a controversial speaker or perceived injustice, and the “offended” parties responding with a frenzied social media crusade or a real-world attempt to shame, bully, browbeat, censor, or otherwise punish the offender.

A small sampling from this season include attempts to ban screenings of American Sniper at the University of Michigan and the University of Maryland, resolutions to create a Stasi-like “microaggression” reporting system at Ithaca College, and the controversy involving AEI scholar Christina Hoff Sommers speaking at Oberlin College.

These incidents are just the tip of the iceberg.

With the endless stream of manufactured outrages, perhaps it is fitting that George Mason University law professor David Bernstein would raise the question, “Where and when did this ‘makes me feel unsafe’ thing start?”

My personal hypothesis: When postmodernism found itself a new home on Tumblr, spread across the left-wing blogosphere, became reinforced by mobs and echo-chambers, and spilled into the real world.

Luckily, not all progressives have sacrificed the basic principles of liberalism to the altar of radical identity politics and political correctness. One liberal student at NYU courageously pointed out the grave dangers posed by the ideology embraced by many of his peers:

This particular brand of millennial social justice advocacy is destructive to academia, intellectual honesty, and true critical thinking and open mindedness. We see it already having a profound impact on the way universities act and how they approach curriculum. …

The version of millennial social justice advocacy that I have spoken about — one that uses Identity Politics to balkanize groups of people, engenders hatred between groups, willingly lies to push agendas, manipulates language to provide immunity from criticism, and that publicly shames anyone who remotely speaks some sort of dissent from the overarching narrative of the orthodoxy — is not admirable.

It is deplorable. It appeals to the basest of human instincts: fear and hatred. It is not an enlightened or educated position to take. History will not look kindly on this Orwellian, authoritarian perversion of social justice that has taken social media and millennials by storm over the past few years.

I, too, am convinced that these activists, with their MO of hysterical crusades, are one of today’s biggest threats to free speech, open inquiry, and genuine tolerance, at least on college campuses. The illiberal climate fostered by these their ideologues seems to be spreading throughout academia and is continuing to dominate the headlines.

As of this writing, Northwestern professor (and self-described feminist) Laura Kipnis is undergoing a Kafkaesque Title IX inquisition for writing a column in the Chronicle of Higher Education and making comments on Twitter that offended a number of students. The aggrieved mobilized in full force to have her punished under the federal sex discrimination law.

These groups and their tactics represent what Jonathan Rauch would describe as the “humanitarian” challenge to free speech. In his must-read book, Kindly Inquisitors: The New Attacks on Free Thought, Rauch identified how these “humanitarians” sought to prevent “offense” to “oppressed and historically marginalized” peoples. In the name of “compassion,” words became conflated with physical action.

As speech codes spread and the definition of “harassment” (reading a book in public, for instance) became broader within the bureaucracy of academia, an “offendedness sweepstakes” was cultivated and turned into the norm.

Rauch’s book was published in 1993, but his diagnosis and arguments still apply today, if not more, in the age of social media when the “offendedness sweepstakes” are amplified to new levels.

Nowadays, PC grievance mongers can organize much more effectively and more often than not, get rewarded for their efforts. The future of a free society looks very bleak should these types become a dominant force on the political landscape. I can’t help but shiver at the prospect of seeing the chronically-offended eggshells of my generation becoming tomorrow’s legislators and judges. The chilling effects are already being felt.

Even as numerous challenges emerge from all corners, free speech has unparalleled potential for human liberation in the Digital Age. The eternal battle is still that of liberty versus power, and the individual versus the collective. I remain confident that truth can still prevail in the marketplace of ideas. It is for this reason we should treasure and defend the principles, practices, and institutions that make it possible.

Last month marked the birthday of the brilliant F.A. Hayek, the gentleman-scholar who made landmark contributions to fields of economics, philosophy, political science, and law, and established his name as the twentieth century’s most eminent defender of classical liberalism in the face of the collectivist zeitgeist.

For all his accomplishments, Hayek practiced and urged epistemological humility (a position that should be natural to any defender of free speech) in his Nobel lecture. Looking back on his life’s work, Hayek was highly skeptical of the nebulous concept of “social justice” and its totalitarian implications. He even went as far as to devote an entire volume of his magnum opus, Law, Legislation, and Liberty, to completely demolish The Mirage of Social Justice.

Hayek concluded:

What we have to deal with in the case of “social justice” is simply a quasireligious superstition of the kind which we should respectfully leave in peace so long as it merely makes those happy who hold it, but which we must fight when it becomes the pretext of coercing other men [emphasis added].

And the prevailing belief in “social justice” is at present probably the gravest threat to most other values of a free civilization.

Hayek did not predict that “social justice” would be first used to silence dissent before moving on to its long-term agenda, but it would not have surprised him. Weak ideas always grasp for the censor in the face of sustained criticism — and feeble ideas made strong by politics are the most dangerous of all.

Humanitarians with guillotines can be found from the French Revolution to present day. Modern day defenders of individual liberty would do well to heed Hayek’s warning and resist the Siren song of “social justice,” the rallying cry of collectivists who cannot realize their vision without coercion.


Aaron Tao

Aaron Tao is the Marketing Coordinator and Assistant Editor of The Beacon at the Independent Institute.

“The President that Couldn’t”: Why Obama’s Agenda Failed by Thomas A. Firey

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With time running out on his administration, President Obama has embarked on a sort of “apology tour” to disillusioned supporters. They are frustrated that he hasn’t delivered on many of their favored policies, from gun control to single-payer health care to carbon controls.

With candidates queuing up to replace him — many with very different policy goals than his — he apparently feels the need to rally the disaffected behind a successor who would carry on his agenda.

His message to the disheartened supporters is simple: The political failures aren’t his fault. He’s tried hard to deliver, but “Congress doesn’t work” and American government “is broken.” According to Obama:

As mightily as I have struggled against that… it still is broken. … When I ran in 2008, I, in fact, did not say I would fix it. I said we could fix it. I didn’t say, “Yes, I can”; I said — what? … “Yes, we can.”

Washington Post columnist Chris Cillizza, writing about the apology tour, throws some shade at the president, claiming that he did in fact promise to change policy. But ultimately Cillizza agrees with Obama, writing that the American “political system is … more broken than any one person — no matter who that person is or the circumstances that surround that person’s election — could hope to solve.”

But both the president and Cillizza are completely wrong; the American political system assuredly is not broken. The system was designed — and we should all be very grateful that it was designed — to not allow the radical change that Obama’s supporters — or supporters of other politicians across the political spectrum — want.

It is the rare times when such change does occur — think Franklin Roosevelt’s expansion of national government or George W. Bush’s anti-terrorism initiatives and war in Iraq — that American governance had failed and very bad things happen.

Today the United States is a nation of more than 320 million remarkably different people, living in unique situations, having highly individual concerns, desires, and risk preferences, and holding a wide variety of mostly noble values. They each operate in a world of uncertainty and limited resources. Given those dramatically varied circumstances, any national policymaking is likely to harm and anger tens of millions of people.

For that reason, the Framers (who likewise lived in an incredibly diverse nation for their era) designed American government to elevate private action and decentralize governance while limiting national policy to matters of broad consensus and compromise.

Because few of the policy goals advocated by President Obama and his “progressive” supporters have such support or allow for serious compromise (even the signature item that he did manage to enact), it shouldn’t be surprising that few of those goals have been achieved. That doesn’t mean American government is broken — quite the opposite! — but rather that Obama’s conception of governance is.

Perhaps the next president will better appreciate the genius of American government’s design and work within that design for policy change that he or she believes is important. But it’s clear from President Obama’s comments that he is not up to that task.

For the reason, we should all be very grateful that, no, he couldn’t.

Thomas A. Firey

Thomas A. Firey is a Maryland Public Policy Institute senior fellow, and also is managing editor of Regulation magazine, the Cato Institute’s quarterly review of business in government.

EDITORS NOTE: This first appeared at MDpolicy.org.

Real Heroes: A Good Samaritan in Cambodia by Lawrence W. Reed

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In 30 years of traveling to 81 countries, I’ve come across some pretty nasty governments and some darn good people. To be fair, I should acknowledge that I’ve also encountered some rotten people and a half-decent government or two. The ghastliest of all worlds, of course, is when you have rotten people running nasty governments — a combination that is not in short supply.

Indeed, as Nobel laureate F.A. Hayek famously explained in The Road to Serfdom, the worst tend to rise to the top of all regimes — yet another reason to keep government small in the first place (as if we needed another reason).

“The unscrupulous and uninhibited,” wrote Hayek, “are likely to be more successful” in any society in which government dominates life and the economy. That’s precisely the kind of circumstance that elevates power over persuasion, force over cooperation, arrogance over humility, and corruption over honesty.

So I take special note when I encounter instances of good people working around, in spite of, in opposition to, or simply without a helping hand from government. In today’s dominant culture and climate, private initiative is frequently shortchanged or viewed with suspicion. In some quarters, “private” means unreliably compassionate, incorrigibly greedy, or hopelessly unplanned. We’re overdue for a celebration of the good character many people exhibit when there’s no fame or fortune in it, just the satisfaction that comes from knowing you’ve done the right thing.

Sadly, I can’t give you the name of the person I want to tell you about, and shame on me for that. I spent a grand total of perhaps an hour with him, in short increments as he gave me rides in his “cyclo” (or rickshaw) from one place to another in Phnom Penh, Cambodia, in August 1989. When I was about to fly home to the United States, I gave him something without ever expecting he would do with it what I asked. I wish I’d had the presence of mind to ask for his name and contact information because, in all the years since, I’ve wished for an opportunity to thank him.

I lived in Midland, Michigan, at the time. The area press, particularly theMidland Daily News and the Saginaw News, featured stories about my upcoming visit to Southeast Asia. Local doctors donated medical supplies for me to take to a hospital in the Cambodian capital. A woman named Sharon from a local church saw the news stories. She called me and explained that a few years before, her church had helped Cambodian families who escaped from the Khmer Rouge communists and resettled in mid-Michigan. The families had moved on to other locations in the United States but stayed in touch with the friends they had made in Midland.

Sharon told me that she sent copies of the news stories to her Cambodian friends her church had helped a few years before. Through Sharon, each family asked if I would take letters with cash enclosed to their desperately poor relatives in Cambodia. When they sent anything through the mail, it usually didn’t end up where it was supposed to, especially if cash was involved. I offered to do my best, with no guarantees.

The families who were in Phnom Penh would prove relatively easy to locate, but the last family was many miles away in Battambang. That would have involved a train ride, some personal risk, and a lot of time I didn’t have. If I couldn’t locate any of the families, I was advised not to bring the cash back home but to give it to any poor person. Finding poor Cambodians in 1989, after the savagery the nation endured under the butchery of the Khmer Rouge a decade before, was like looking for fish in an aquarium.

When I realized I wasn’t going to make it to Battambang, I approached a man in tattered clothes in the hotel lobby. I had seen him there a few times before. He always smiled and said hello, and spoke enough English to carry on some short conversations. I had a sense — intuition, perhaps — that he was a decent person.

“I have an envelope with a letter and $200 in it, intended for a very needy family in Battambang. Do you think you could get this to them?” I asked. He replied in the affirmative. “Keep $50 of it if you find them,” I instructed. We said goodbye. I assumed I would never hear anything of what became of either him or the money. I am pained to this day by the realization that without much thought, I had sold him short.

Back home in Michigan several months later, I received an excited phone call from Sharon. “The Cambodians in Virginia whose family in Battambang that last envelope was intended for just received a letter from their loved ones back home!” And then she read me a couple paragraphs from that letter. The final sentence read, “Thank you for the two hundred dollars!”

That man whose name I’m unsure of and whose address I never secured had found his way to Battambang. Not only did he not keep the $50 I offered; he somehow had found a way to pay for the train ride himself. Does his act of honesty tug at your heartstrings? If it does, then you appreciate something the world desperately needs, something that is indispensably crucial to a free and moral society. The man I trusted the money to was poor in material wealth but rich in something more important. As I wrote in a recent book,

Ravaged by conflict, corruption and tyranny, the world is starving for people of character. Indeed, as much as anything, it is on this matter that the fate of individual liberty has always depended. A free society flourishes when people seek to be models of honor, honesty, and propriety at whatever the cost in material wealth, social status, or popularity. It descends into barbarism when they abandon what’s right in favor of self-gratification at the expense of others; when lying, cheating, or stealing are winked at instead of shunned.

If you want to be free, if you want to live in a free society, you must assign top priority to raising the caliber of your character and learning from those who already have it in spades. If you do not govern yourself, you will be governed.

Character means that there are no matters too small to handle the right way. It’s been said that your character is defined by what you do when no one is looking. Cutting corners because “it won’t matter much” or “no one will notice” still knocks your character down a notch and can easily become a slippery slope.

In 2016, I hope to visit Cambodia again. It will be my first time there since 1989. I have a slim lead on how I might find the man I gave that letter and $200 to. I know it’s a long shot. He may have moved away or passed on. But if I find him, it will be a thrill I’ll never forget.

I will embrace him as a brother and be sure he understands that in my book, he is one Real Hero.

For further information, see:


Lawrence W. Reed

Lawrence W. (“Larry”) Reed became president of FEE in 2008 after serving as chairman of its board of trustees in the 1990s and both writing and speaking for FEE since the late 1970s.

EDITORS NOTE: Each week, Mr. Reed will relate the stories of people whose choices and actions make them heroes. See the table of contents for previous installments.

How Policing Works in a Privatized City by Jeffrey A. Tucker

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“All the common areas of Atlantic Station including the streets, sidewalks, parks, and alleys are private property.”

Thus reads one line buried in the Rules of Conduct for Atlantic Station, Atlanta, Georgia: a marvelous city within a city. But it’s this one line that makes the critical difference. It’s why this one-square mile in the heart of this great city has done more to model beauty, prosperity, diversity, and happy living than 50 years of “urban renewal” and other government programs.

The entire community was built on top of the old Atlanta Steel Mill, which opened in 1901 and closed in the 1970s, leaving desolation in its wake. Atlantic Station opened 10 years ago as a visionary entrepreneurial venture — the brainchild of The Jacoby Group, headed by Jim Jacoby — funded mostly with private money (the city helped with tax breaks and some infrastructure funding).

It is not a gated community walled off from the public for only the elite. There is no charge to get in. Everything is public access, and subject to all the laws governing commercial property. The difference between the public and private city, however, is huge.

You can tell when you have entered the space. Whereas many areas of Atlanta struggle, this area in the heart of the city is clean, bright, ebullient, bustling with enterprise and life.

On an evening recently, on the way to the movies in the spectacular theater there, I sat outside on the patio of a Mexican food restaurant and watched adults and children playing games and having fun on the green space that serves as a mini-park in the middle of this urban experiment in capitalism. There were people from all races, classes, and ages. They listened to the live band and sang along.

As I sat there, I was suddenly overwhelmed with the sense of a mini-utopia. It’s like an idealized scene you see in a commercial for soda or some happy vacation getaway. It was one of the most blissful city scenes I’ve ever witnessed.

It was a typical evening, and it was all taking place in a place that was, only twenty years ago, a burned out, low-rent, disaster zone, the kind of place people flee. Now, the migration patterns have changed. Atlantic Station is a place where you want to live and work.

I was walking along and a uniformed police office greeted me good evening. I responded with delight, and we had a nice conversation. She wanted to know if I was enjoying the evening, made a few bar recommendations, we chatted about the weather, and I went on. She was uniformed, yes, and probably armed, but in a non-threatening way. She looked sharp and helpful, as well as official.

Then it struck me: the police in the community are privately employed by main stakeholders in the community, which are the merchants, apartment owners, and other service providers. (The streets are also private but public access.) For this reason, the police themselves have a deep investment in the well-being of the community and the general happiness of the consumers who shop there. They are employees of the free enterprise system. In particular, Atlantic Station owners contract with Chesley Brown for experienced service.

Sometimes in today’s overly-militarized environment, it is easy to forget: policing is a completely legitimate, useful, important profession. They are there to make sure that everyone is keeping the rules and to apprehend the vandals and criminals who break the rules. You might even call them the thin-blue line.

What makes the difference here is the private nature of the contract that employs them. Just as every other employee in this community, they have a direct stake in the value of the space. They are there to serve customers, just as every merchant in this community does.

The more valuable the community, the more valuable their own jobs. They have the incentive to do their job well, which means enhancing the experiences of rule keepers while driving out those who do not keep the rules.

The rules for Atlantic Station are rather strict, more so than I would have thought. There is a curfew for teens. You can’t wear gang-related or obscene clothing. You can’t carry weaponry. You can’t use indecent language. You can’t smoke. You can’t be boisterous. You can’t shout or be vulgar. You can jog, but you can’t just take off running through streets like an animal.

If rules like this were imposed by a city government, people would rightly complain about the violation of rights. So why aren’t these rules violations of rights? Because it is private property and the owners determine them.

More importantly, the point of the rules is not to control people and run their lives; it is to enhance the value of the community for everyone. They can be changed depending on circumstances. They can be imposed strictly or not. It all depends on what’s best for Atlantic Station, and, yes, what’s best for business.

But you know what’s interesting given all the rules? You don’t really feel them. They are not really posted anywhere. You just sense that they exist, and you feel a desire to behave well. The culture of cooperativeness and good behavior is ever present. And the rules have the effect of freeing you from annoying things, not restricting your behavior. It doesn’t feel like an imposition. It feels orderly. The rules are enforced but with gentleness and care.

The first time I entered Atlantic Station was about 18 months ago. I had some sense that something was different about the place, but I hadn’t understood that it was entirely private. I stepped out on the sidewalk and lit up a cigarette. One of these very nice private policeman came up and greeted me and politely asked me to put it out, on grounds that this was against the rules in this private community. I said, you mean by this building? He said, no, for the whole community.

I didn’t resent it. In fact, I was delighted to comply. I even thanked him for being so kind. There were no tickets, no yelling, no moments of intimidation. No one is taking your stuff, threatening to arrest you, or even giving you tickets. You have the right of exit. The rules themselves become part of a larger market for rules.

Another interesting feature is how Atlantic Station has marketed itself. It is not seen as an experiment in capitalist living. All the promotion uses all the usual lefty buzzwords about energy efficiency, sustainability, diversity, renewable this and that, certifications by various green groups, and so on. None of it matters in the slightest. This is about private property. Period. It’s ownership that realizes the ideals, whatever they are.

The lesson I derive from all of this is that institutions matter. You can have the same principles and laws in two places, one enforced publicly and one enforced privately. The code of conduct can be identical, but the results can be completely different.

Where monopolistic, tax-funded enforcement can be cruel, inflexible, and violent, the same enforcement brought about within the matrix of an exchange economy can yield results that are humane, orderly, and beautiful. The right to just walk away makes all the difference.

The implications for policing are perhaps the most interesting, given the current controversy over police abuse. When the police function is part of the market order, the phrase “to serve and protect” takes on substantive meaning. It’s this feature of public vs. private property that is decisive.

There must be many of these communities appearing around the country. Governments at all levels are out of ideas and out of money. When was the last time you heard of some hugely expensive urban renewal program, or massive public housing structure, that was to be built in a major city?

These visions are less and less part of our lives and our future, thankfully. With governments bowing out of the planning business, private enterprise is increasingly moving in with real efforts at restoring community.

Private enterprise is gradually bringing about what governments only promised to do, and it is happening without much fanfare. In fact, I’ve not seen a single headline story about this community, whereas there should be thousands that read something like “Private commerce saves Atlanta!”

Private property and inclusive commerce: it’s the magic sauce that makes life beautiful. Come to Atlantic Station and see for yourself.


Jeffrey A. Tucker

Jeffrey Tucker is Director of Digital Development at FEE, CLO of the startup Liberty.me, and editor at Laissez Faire Books. Author of five books, he speaks at FEE summer seminars and other events. His latest book is Bit by Bit: How P2P Is Freeing the World.

EDITORS NOTE: This column originally appeared in Anything Peaceful.

Socialism Is War and War Is Socialism by Steven Horwitz

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“[Economic] planning does not accidentally deteriorate into the militarization of the economy; it is the militarization of the economy.… When the story of the Left is seen in this light, the idea of economic planning begins to appear not only accidentally but inherently reactionary. The theory of planning was, from its inception, modeled after feudal and militaristic organizations. Elements of the Left tried to transform it into a radical program, to fit into a progressive revolutionary vision. But it doesn’t fit. Attempts to implement this theory invariably reveal its true nature. The practice of planning is nothing but the militarization of the economy.” — Don Lavoie, National Economic Planning: What Is Left?

Libertarians have long confounded our liberal and conservative friends by being both strongly in favor of free markets and strongly opposed to militarism and foreign intervention. In the conventional world of “right” and “left,” this combination makes no sense. Libertarians are often quick to point out the ways in which free trade, both within and across national borders, creates cooperative interdependencies among those who trade, thereby reducing the likelihood of war. The long classical liberal tradition is full of those who saw the connection between free trade and peace.

But there’s another side to the story, which is that socialism and economic planning have a long and close connection with war and militarization.

As Don Lavoie argues at length in his wonderful and underappreciated 1985 book National Economic Planning: What Is Left?, any attempt to substitute economic planning (whether comprehensive and central or piecemeal and decentralized) for markets inevitably ends up militarizing and regimenting the society. Lavoie points out that this outcome was not an accident. Much of the literature defending economic planning worked from a militaristic model. The “success” of economic planning associated with World War I provided early 20th century planners with a specific historical model from which to operate.

This connection should not surprise those who understand the idea of the market as a spontaneous order. As good economists from Adam Smith to F.A. Hayek and beyond have appreciated, markets are the products of human action but not human design. No one can consciously direct an economy. In fact, Hayek in particular argued that this is true not just of the economy, but of society in general: advanced commercial societies are spontaneous orders along many dimensions.

Market economies have no purpose of their own, or as Hayek put it, they are “ends-independent.” Markets are simply means by which people come together to pursue the various ends that each person or group has. You and I don’t have to agree on which goals are more or less important in order to participate in the market.

The same is true of other spontaneous orders. Consider language. We can both use English to construct sentences even if we wish to communicate different, or contradictory, things with the language.

One implication of seeing the economy as a spontaneous order is that it lacks a “collective purpose.” There is no single scale of values that guides us as a whole, and there is no process by which resources, including human resources, can be marshaled toward those collective purposes.

The absence of such a collective purpose or common scale of values is one factor that explains the connection between war and socialism. They share a desire to remake the spontaneous order of society into an organization with a single scale of values, or a specific purpose. In a war, the overarching goal of defeating the enemy obliterates the ends-independence of the market and requires that hierarchical control be exercised in order to direct resources toward the collective purpose of winning the war.

In socialism, the same holds true. To substitute economic planning for the market is to reorganize the economy to have a single set of ends that guides the planners as they allocate resources. Rather than being connected with each other by a shared set of means, as in private property, contracts, and market exchange, planning connects people by a shared set of ends. Inevitably, this will lead to hierarchy and militarization, because those ends require trying to force people to behave in ways that contribute to the ends’ realization. And as Hayek noted in The Road to Serfdom, it will also lead to government using propaganda to convince the public to share a set of values associated with some ends. We see this tactic in both war and socialism.

As Hayek also pointed out, this is an atavistic desire. It is a way for us to try to recapture the world of our evolutionary past, where we existed in small, homogeneous groups in which hierarchical organization with a common purpose was possible. Deep in our moral instincts is a desire to have the solidarity of a common purpose and to organize resources in a way that enables us to achieve it.

Socialism and war appeal to so many because they tap into an evolved desire to be part of a social order that looks like an extended family: the clan or tribe. Soldiers are not called “bands of brothers” and socialists don’t speak of “a brotherhood of man” by accident. Both groups use the same metaphor because it works. We are susceptible to it because most of our history as human beings was in bands of kin that were largely organized in this way.

Our desire for solidarity is also why calls for central planning on a smaller scale have often tried to claim their cause as the moral equivalent of war. This is true on both the left and right. We have had the War on Poverty, the War on Drugs, and the War on Terror, among others. And we are “fighting,” “combating,” and otherwise at war with our supposedly changing climate — not to mention those thought to be responsible for that change. The war metaphor is the siren song of those who would substitute hierarchy and militarism for decentralized power and peaceful interaction.

Both socialism and war are reactionary, not progressive. They are longings for an evolutionary past long gone, and one in which humans lived lives that were far worse than those we live today. Truly progressive thinking recognizes the limits of humanity’s ability to consciously construct and control the social world. It is humble in seeing how social norms, rules, and institutions that we did not consciously construct enable us to coordinate the actions of billions of anonymous actors in ways that enable them to create incredible complexity, prosperity, and peace.

The right and left do not realize that they are both making the same error. Libertarians understand that the shared processes of spontaneous orders like language and the market can enable all of us to achieve many of our individual desires without any of us dictating those values for others. By contrast, the right and left share a desire to impose their own sets of values on all of us and thereby fashion the world in their own images.

No wonder they don’t understand us.


Steven Horwitz

Steven Horwitz is the Charles A. Dana Professor of Economics at St. Lawrence University and the author of Microfoundations and Macroeconomics: An Austrian Perspective, now in paperback.

What Bastiat Had to Say about Police Abuse by Jeffrey A. Tucker

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When it comes to being employed by the government, membership has its privileges. How far do these privileges extend? It’s a question that is central to political philosophy. It is most poignantly addressed by one of my favorite pieces of writing, Frédéric Bastiat’s The Law (1850).

The same question is being debated on the streets in every U.S. city today. Videos of citizen abuse at the hands of the police are everywhere. It seems the cops have been empowered to do to us what we would never be allowed to do to each other. Some cases have made it to grand juries and trial juries. People are asking pointed questions regarding the relationship between the state and its citizens.

From the mainstream media to the courts, disagreement usually revolves around questions of the motivation, the character, and the behavior of police officers. Are they following the regulations? Abusing their authority? Motivated at some level by racism? Some would like to confront the related question: What level of citizen noncompliance justly prompts the police to use extreme force?

But there’s a question everyone wants to avoid here: Are the laws themselves just?

Many of the most famous beatings and killings at the hands of the police began with small infractions such a selling contraband cigarettes, evading criminal prosecution for the failure to pay child support, carrying knives, or small-time dealing of illegal substances. Then there are the many cases of asset forfeiture that never make it to YouTube, ongoing acts of plunder that aren’t flashy enough to inspire mass protests.

If the debate stays centered on police actions alone, we will never reach the core issue.

What is the law — and what should it be?

These are the bigger questions that are not yet part of public consciousness. Every law and regulation, no matter how small, is ultimately enforced by the threat of violence on the part of public authority. Laws are not “nudges”; they are mandates enforced by the legal use of coercion against person and property.

Bastiat tried to get people to think hard about what was happening and how the law had become an instrument of plunder and violence, rather than a protector of property and peace. If the law itself is not just, the result is social division and widespread discontent. The relationship between the rulers and the ruled becomes distorted, and a sense of systemic injustice pervades the culture. Bastiat observed this in horror in his time, and it’s a good description of our own:

The law has placed the collective force at the disposal of the unscrupulous who wish, without risk, to exploit the person, liberty, and property of others. It has converted plunder into a right, in order to protect plunder. And it has converted lawful defense into a crime, in order to punish lawful defense.

Further, and most poignantly in our time: “Sometimes the law places the whole apparatus of judges, police, prisons, and gendarmes at the service of the plunderers, and treats the victim — when he defends himself — as a criminal.”

Indeed.

Whether this happens at a traffic stop, at the arbitrary hands of an angry cop, or due to a tax or regulation passed by a legislature doesn’t change the nature of what is happening.

Bastiat’s essay asks fundamental questions that most people go through life never having thought about. The problem is that most people accept the law as a given, a fundamental fact of life.

As a member of society, you obey or face the consequences. It is not safe to question why. This is because the enforcement arm of the law is the state, that peculiar agency with a unique power to use legal force against life and property. The state says what the law is — however this decision was made — and that settles it.

Bastiat could not accept this. He wanted to know what the law is, apart from what the state says it is. He saw that the purpose of law is, most fundamentally, to protect private property and life against invasion, or at least to ensure that justice is done in cases in which such invasions do take place.

This is hardly a unique idea; it is a summary of what philosophers, jurists, and theologians have thought in most times and places. It’s what most of us think, intuitively, that the law should be about. What makes Bastiat different is that he takes that next step, the one that opens the reader’s eyes as nothing else does. He subjects the state itself to the test of whether it complies with that idea of law.

He takes notice, even from the first paragraph, of the corruption that ensues when the state turns out to be a lawbreaker in the name of law keeping: the state does the very thing that law is supposed to prevent. Instead of protecting private property, it invades it. Instead of protecting life, it destroys it. Instead of guarding liberty, it violates it. And as the state advances and grows, it does these things ever more, until it threatens the well-being of society.

Even more tellingly, Bastiat observes that when you subject the state to the same standards that the law uses to judge relations between individuals, the state fails. He concludes that when this is the case, the law has been perverted in the hands of the governing elites. It is employed to do the very thing that the law is designed to prevent. The enforcer turns out to be the main violator of its own standards.

The law, wrote Bastiat, is supposed to protect property and person from arbitrary attack. When the law becomes a tool for providing legal cover for such attacks, as it has from Bastiat’s time to our own, its whole purpose has been turned upside down and inside out.

What Bastiat was seeking, as the embodiment of justice, was a consistent ethic of public life. The law should be the same for everyone. We should all obey the same rules. Neither the state nor any of its functionaries can be exempt from the rules they purport to enforce.

We cannot permit the state to judge itself by a different standard. Indeed, when Marilyn Mosby, Maryland’s state attorney, announced that the she was prosecuting the cops who beat and killed Freddie Gray, she struck a chord that resonated far and wide. She might be a left-liberal Democrat, and she might not share libertarian values across the board, but when she said, “no one is above the law,” she was echoing Bastiat and the entire liberal tradition.

What are the social consequences of having a different sets of laws, one for state agents and one for everyone else? Bastiat believed that the result is lawlessness:

As long as it is admitted that the law may be diverted from its true purpose — that it may violate property instead of protecting it — then everyone will want to participate in making the law, either to protect himself against plunder or to use it for plunder.

In this case, the law becomes a perpetual source of hatred and discord. It even “tends to destroy society itself.” Whether this destruction takes place in the controlled environment of a legislature, the routine quietude of the bureaucracy, or on the streets through looting does not change the essentials of what is happening.

What does this say about abuse at the hands of the police? According to Bastiat’s standard, the law should regard such abuse as the violation of another’s rights. Period.

The passion, the fire, the relentless logic of Bastiat’s monograph have the power to shake up any reader. Nothing is the same after you read The Law. That is why this essay is rightly famous. It is capable of shaking up whole systems of government and whole societies — a beautiful illustration of the pen’s power.

It is a habit of every generation to underestimate the importance and power of ideas. Yet the whole world that we live in is built by them. Nothing outside pure nature exists in this world that did not begin as an idea held by human beings. That’s why an essay like Bastiat’s is so powerful and important. It helps you see the injustices that surround us, which we are otherwise inclined to ignore. And it helps provide the response to them.

Seeing and explaining are the first steps to changing.


Jeffrey A. Tucker

Jeffrey Tucker is Director of Digital Development at FEE, CLO of the startup Liberty.me, and editor at Laissez Faire Books. Author of five books, he speaks at FEE summer seminars and other events. His latest book is Bit by Bit: How P2P Is Freeing the World.